Settled on the Cheap Following Demurrer

In an insurance broker liability action, Marc Zimet successfully demurred to three of the plaintiffs’ complaints (and amended complaints) and ultimately settled the case for $3,000 in the face of a demand in the amount of $120,000.00. The firm strategically produced two documents which the plaintiffs attached as exhibits to their complaint. However, the plaintiffs failed to realize that the documents indicated the plaintiffs were aware of the contract term that became the subject of the litigation before the broker procured the insurance policy. By leading the plaintiffs to believe they needed to attach the exhibits in order to state a claim against the broker insured, we were able to use the exhibits to derail plaintiffs’ entire theory of the case, forcing a nuisance value settlement.